Sharp County record., 1887-08-11
IMPORTANT TO COUNTIES.
Official Correspondence Relative to County
Scrin and the Duty of Off GERS,

Official correspondence Relati,e to County
Scrip and the Duty of OFF GERS.
Several of the counties of the State do
not draw moneys due them for their share
of the forfeited lands sold by the Land
Commissioner regularly, and it frequently
happens that the county scrip received by
the State Treasurer therefor is barred.
Then the county treasurer has trouble with
the County Court in his settlement and
cancellation. To illustrate, we submit
case in point, commencing with letter
addressed to the State Treasurer.
THE LETTER.
LINCOLN COUNTY TREAsURER's OFFICE,
STAR CITY, July 8, 1887.
Treasurer Of State, Little Rock. Ars.::
am just in receipt of 81, 1885, 80 Of county scrip
from your Office which does not come up salts
factory. In 1884 our County Court made an or
der calling in all outstanding warrants, and
all warrants issued prior to October g. 1894, the
court will not receive in settlement with me,
and consequently I can not use any such paper.
or tho amount you sent me, 1857 30 is of the
barred warrants. I make this statement that
you may rectify the same at once. as l wish tc
get settlement with our court at an early
date. Yours truly,
NJ COOK, County Treasurer.
BY G. H. LYMAN Deputy.
The State Treasurer, upon the receipt o.
this letter, addressed the following letter
to the Attorney General, viz:
STATE OF ARKANSAS,
OFFICE TREASURER OF STATE
LITTLE ROCK, ARK, July 13, 1881
Hon. D. W. Jones, attorney General:
SIR-Inclosed herewith hand you copy Of
letter received from NJ Cook, ESQ.,, county
treasurer Of Lincoln County, upon the subject
Of the scrip of that county, which we received
into the treasury account of sales Of forfeited
lands, redemptions, etc. The County Court OF
Lincoln County refuses to credit him with
s557.3) paid over to him by me, because it was
issued prlor to October 6, 1884, the date named
in the order of court calling in the scrip OF the
county to "cancel, reissue" ETC., under section
l147 Of Mansfeld's Digest.
All the scrip paid over to the county treasurer
by me was the identical scrip received by me
in payments for the purposes for which it was
receivable, and in making change, etc, was re-
ceved, ISuppose, within the three months be-
tween the date of the order of the County
Court calling in the scrip and the sitting Of the
court to examine and classify 1t. OF course
! was compelled to receive it from any one who
rendered 1t, as, in my opinion, its receivable
quality was not affected until after the County
Court had actually passed upon it, and
1 desire your opinion upon the cor
rectness Of my action. The first is important
as there are several counties which have called
in their scrip recently in which similar action
may be taken by the county courts.
Very respectfully, etc.,
W. Z. WOODRUFF, Treasurer.
will add that have never received any Off
cia notification of order made by the Lincoln
County Court in 1884.
ATTORNEY-GENERAL' REPLY.
STATE OF ARKANSAS, J
OFFICE OF ATTORNEY -CillSERAL :
LITTLE ROCK, Ark, July 20, 1887.
Hon. W. 3. WoodrgF, Tr(asurer of Ar&aF sas'
DEAR SIR-I am m receipt of your communi'
cation Of late date. asking my opinion as to
your duty and liability In the following case,
thae is to say:
party, desiring to purchase forfeited lands
of the State, paid into the State Treasury the
amount Of purchase money required by law,
sixty per cent. Of which was in scrip OF the
county in which the lands were situated. At
that time said county had called in its scrip for
reissue, cancellation, ETC., but the time fixed
for presentation of the scrip by the call had
not arrived. or this call you had no notice.
Subsequently and after the time fixed by the
call for presentation Of the scrip for reissue,
etc. you forwarded the scrip so paid to you to
the county treasurer, who informs you that the
County Court of his county will refuse to &C.
cept it on account of its being barred by the
call You wish to know whether, under this
state of case, it was your duty to receive the
scrip when rendered by the land purchaser
and whether you have incurred any liability by
failing to present it to the County Court for re-
issue.
In my opinion, you were compelled to receive
the scrip from the land purchaser, and you in
Cured no liability whatever by failing to pre-
sent It to the County Court forreissue; because
when it was received by you it Immediately
b came the property Of the county, and could
n lawfully be reissued. 1t could have been
Cancelled by the County Court, and it can still
be so treated The county has sustained no
| IS. Very respectfully, etc,
lSigned] DANIEL W. JONES'
Attorney-General.